KRISHNA SWARUP GUPTA Vs. STATE OF UTTAR PRADESH, LUCKNOW THROUGH THE CHIEF SECRETARY U.P. GOVERNMENT. LUCKNOW AND OTHERS

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India has been filed by Krishna Swarup Gupta, who is an Assistant Secretary to the Uttar Pradesh Government (Judicial) and is at present posted as officer-trainee Assistant Collector and Magistrate at Basti.

(2.) The admitted facts are these :

(3.) The first and foremost question and which we think is also by far the most important is whether the proceedings of the Selection Committee held on Sept. 19, 20 and 21, 1967 were null and void because as alleged Dr Rama Dhar Misra had no right to sit in the Selection Committee he having ceased to be a Member or Chairman of the Public Service Commission by that time. In the supplementary counter affidavit dated Jan., 4, 1969 sworn by Sri G. S. Misra the petitioner's contention that Dr. Rama Dhar Misra was appointed a Member of the Public Service Commission by the Governor on 31-7-1961 and that he took charge of that office in the forenoon of Aug. 5, 1961 is admitted. It is further admitted that the term of office of Dr. Rama Dhar Misra expired on 4-8-1967. Art. 316(2) of the Constitution of India lays down.